—(1) In any proceedings, evidence may be given by affidavit unless by any provision of these Rules it is otherwise provided or the court otherwise directs.

(2) An affidavit may be sworn by any party to the proceedings, or by some other person possessing direct knowledge of the subject-matter of the application.

(3) The court may, on the application of any party, order the attendance for cross-examination of the person making an affidavit.

(4) Where, after such an order has been made, the person in question does not attend, his affidavit shall not be used in evidence without the leave of the court.

Filing and service of affidavits

18.

—(1) Unless the provisions of the Act or these Rules under which an application is made provide otherwise, or the court otherwise allows, if any party to an application intends to rely on affidavit evidence at the hearing, he shall —

(a)

file his affidavit or affidavits (if more than one) in court; and

(b)

serve a copy of his affidavit or of each of his affidavits on the other party to the application and any other person who may appear and be heard,

not less than 5 days before the date fixed for the hearing.

(2) Any affidavit filed in the Registry shall on no account be delivered out to any person other than the Official Assignee except by order of the court.

Affidavit filed out of time

19.

—(1) An affidavit filed out of time may not be used except by leave of the court.

(2) Unless the court otherwise directs, an order made ex parte upon evidence supported by affidavit shall not be effective unless the affidavit was made before the order was applied for and was produced or filed at the time of making the application.

Scandalous matter

20. The court may order to be struck out from an affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between solicitor and client.